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Guidance from the LEC on Assessing Likely Impacts on Biodiversity Values – the relationship between the BC Act & the EPA Act
Part 7 of the Biodiversity Conservation Act 2016 (BC Act) which governs biodiversity assessment and approvals, prevails over the Environmental Planning and Assessment Act 1979 (EPA Act) or any instrument made under the EPA Act, to the extent of any…
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Proposed Amendments to the Resilience and Hazards SEPP to Improve Coastal Management
The Department of Planning, Housing and Infrastructure is exhibiting proposed amendments to the State Environmental Planning Policy (Resilience and Hazards) 2021 (RH SEPP), and other legislation, described as providing clarity on existing provisions relating to: coastal subdivisions and boundary adjustments,…
Changes to Establish Development Coordination Authority on Public Exhibition
We have previously written about the amendments to the Environmental Planning and Assessment Act 1979 by the Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 – see our earlier articles here and here. One key feature of the amendments was…
Are the Integrated Development provisions of the EPA Act really ‘opt-in’?
It has been long accepted that the integrated development provisions in Division 4.8 of Part 4 of the Environmental Planning and Assessment Act 1979 (EPA Act) are ‘beneficial and facultative’, enacted to overcome duplication where, in addition to a development…
ALERT – Amendments to the EPA Act passed by Parliament
Yesterday the Environmental Planning and Assessment Amendment Bill 2025 (Bill) was passed by NSW Parliament and is now awaiting assent. The Bill will make some key amendments to the Environmental Planning and Assessment Act 1979 (Act) with some commencing on…
Application of the In-fill Affordable Housing Bonus Provisions to Low and Mid-Rise Housing Areas
When the second stage of the low and mid-rise housing reforms commenced on 28 February 2025, the instrument that amended the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) did not make the in-fill affordable housing bonus provisions in Chapter 2…
Further Consideration of the Approach to Calculating Gross Floor Area
A recent decision of the Land and Environment Court considers how the definition of ‘gross floor area’ (GFA) in the Standard Instrument Local Environment Plan (Standard Instrument) operates in respect of lifts and access to car parking areas. Gross Floor…
Commencement of amendments to the Biodiversity Conservation Act 2016
Amendments to the Biodiversity Conservation Act 2016 commenced today, following assent being given to the Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024 in December 2024 (Amending Act). We detailed the amendments to the Act in our earlier post here. Some…
Review of the Companion Animals Act 1998
Yesterday, the NSW Government announced a review of the Companion Animals Act 1998 (CA Act). The CA Act sets out the duties and responsibilities of owners of companion animals and allows for enforcement action by local councils. The CA Act was…
ALERT: Amendments to the EPA Act introduced to NSW Parliament proposing housing targets, changes to concept development & affordable housing conditions, modification applications for the bare deletion of conditions & more
Yesterday, a Bill to amend the Environmental Planning and Assessment Act 1979 (Act) was introduced by the Minister for Planning and Public Spaces to NSW Parliament. The Minister stated that the Bill is to support the delivery of housing and…
NSW Government releases the Industrial Lands Action Plan
On 24 January, the NSW Government released the Industrial Lands Action Plan (Plan). The Plan aims to establish a coordinated, statewide approach to planning, securing and managing the supply of industrial lands across NSW. In the Plan the term ‘industrial…
Amendments to create 7 TOD Accelerated Precincts commence
In July the NSW Government identified 8 ‘Transport Oriented Development accelerated precincts’ where it proposed to fast-track rezonings to boost housing supply near major transport hubs. It was announced on Monday that changes to planning controls would commence today for…